In the Matter of the Care and Treatment of Kenneth Smith Missouri Cases
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Kenneth Smith, civilly committed as a sexually violent predator, petitioned for conditional release from the Department of Mental Health. The trial court denied his petition, finding he failed to prove by a preponderance of the evidence that he no longer suffered from a mental abnormality making him likely to commit acts of sexual violence if conditionally released. On appeal, Smith contended the trial court erred in denying him a trial on his petition. The appellate court affirmed the trial court's judgment, concluding that its finding was supported by the weight of the evidence, particularly given the State's vigorous cross-examination of Smith's expert witnesses.